A. Definitions: For purposes of this section, the following definitions shall apply:
ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE: Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (1/2 of 1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
CONTROL: Any form of dominion including ownership, tenancy or other possessory right however temporary.
GATHERING: A party, gathering, or event, where a group of three (3) or more persons have assembled or are assembling for a social occasion or social activity.
LEGAL GUARDIAN: 1. A person who, by court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by the court.
MINOR: Any person under twenty one (21) years of age.
PARENT: A person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
RESIDENCE OR PREMISES: Any hotel or motel room, home, yard, apartment, condominium, or other dwelling unit, or a hall or meeting room, park or public place whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or other social function, and whether owned, leased, rented, or used with or without compensation. (Ord. 6259, 6-11-2018, eff. 10-1-2018)
B. Consumption Of Alcohol By Minor In Public Place, Place Open To Public, Or Place Not Open To Public: Except as permitted by State law, it is unlawful for any minor to:
1. Consume at any public place or any place open to the public alcoholic beverage; or
2. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.
C. Hosting, Permitting, Or Allowing A Party, Gathering, Or Event Where Minors Are Consuming Alcoholic Beverages Prohibited:
1. Prevention Of Minor's Consumption:
a. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
b. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place or to continue at said premises where any minor possesses or consumes an alcoholic beverage available on the premises, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor.
2. Adult Having Control Of Premises: Whenever an adult having control of a residence or premises is present at the residence or premises at the time that a person under the age of twenty one (21) years possesses or consumes any alcoholic beverage thereon, it shall be prima facie evidence that such adult had knowledge or should have had the knowledge specified in subsection C1a of this section.
3. Parent Or Legal Guardian Involved: This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
4. Family Activity In Family Home: Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcohol will be held responsible in the same manner as a nonfamily gathering.
5. Religious Practice: Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcohol will be held responsible in the same manner as a nonreligious gathering.
6. Applicability: This section shall not apply to any premises licensed by the State of Oklahoma to dispense alcoholic beverages.
7. Penalty: Any person who shall violate the provisions of this section shall be deemed guilty of an offense against the City and upon conviction thereof shall be subject to punishment within the jurisdictional limit of the Municipal Court.
8. Local Authority: This section shall not apply where prohibited or preempted by State or Federal law. (Ord. 6064, 8-13-2007)